KrisD15
Expert Alumni

Get your taxes done using TurboTax

No, you can file separately, but if you live in a community property state, ALL W-2 income will need to be "shared". 

 

I believe that what xmasbaby0 is trying to point out to you is the fact that in a Community Property State, such as California, earned income is shared as between you both. So basically half of what you make and half of what she makes is considered your income (if you file separately) and half of what you make and half of what she makes is considered your spouse's income.

 

You can file a Married Filing Jointly return, or a Married Filing Separately return. Either way, you will each claim half that Earned Income because those are the rules in California. 

 

You MAY lose some credits when filing separately, so that might not be the best way to file.

 

SOME income MAY be separated, such as capital gains from stock only one of you own it, or funds that are inherited, but Earned Income reported on a W-2 is shared.  

 

Here is a link to provide more information:

TurboTax explains Community Property

 

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